Boyd v. Disbrow
New York Court of Common Pleas
Plaintiff sued, in the seventh district court, to recover $185 on a quantum meruit for goods sold and delivered to defendant Defendant claimed that the goods delivered were not what he contracted for. A trial was had before court and jury and a verdict rendered in favor of plaintiff for the amount claimed.
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Plaintiff sued, in the seventh district court, to recover $185 on a quantum meruit for goods sold and delivered to defendant Defendant claimed that the goods delivered were not what he contracted for. A trial was had before court and jury and a verdict rendered in favor of plaintiff for the amount claimed. On appeal to the general term of the court of common pleas the judgment was reversed for error and thereupon defendant taxed his costs including therein ten dollars extra costs as part of the costs of the district court. From the allowance hy the clerk on such taxation of the item for extra…
1Opinion of the CourtVan Hoesen, J.
The construction which has heen placed upon the Code (section 371), occasions embarrassment to clerk and counsel. Hot knowing any thing of the nature of the appeal, or of the reasons which led the general term to make its decision, the clerk cannot understandingly determine whether or not the party prevailing on the appeal ought to be allowed the extra costs provided for by section 70 of the district court act. Take the case of Moore agt. Gould (54 How. Pr., 500) as an example. There the clerk could see that a judgment in favor of the defendant had been reversed upon appeal, and that the sum…
2Cases cited1 opinion
- Moore v. GouldNew York Court of Common Pleas · 1878
3Cited by2 opinions
- Platz v. Burton & Cory Cider & Vinegar Co.Albany City Court · 1894
- Platz v. Burton & Cory Cider & Vinegar Co.Albany City Court · 1894